Dissertations / Theses on the topic 'Situations juridiques'
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Bilyachenko, Alexey. "La circulation internationale des situations juridiques." Thesis, La Rochelle, 2016. http://www.theses.fr/2016LAROD001/document.
Full textInspired by a trend in the European case law, which is meant to affect the national ones, the dissertation takes part to a topical debate among European academics on the putting aside the choice-of-law rules. It is about application of so-called recognition method to the foreign legal situations that haven’t been enacted in court. The purpose is to conceptualise this new method and to determine its scope and its modalities. Given the particularity of the task, the study necessarily bears on several pivotal topics of private international law but also of European law, general private law and jurisprudence
Delmas, Remi. "La stabilité des situations juridiques dans le contentieux de la légalité." Electronic Thesis or Diss., Limoges, 2022. http://www.theses.fr/2022LIMO0117.
Full textStability of legal situations is a requirement of the legal order, which stems from the principle of legal certainty and contributes, under its aegis, to guaranteeing the rule of law. It implies the situations created by legal acts may last for a time and run a forseeable course. However, it can also contradicts the principle of legality, which demands that illegal acts and situations be undone. The dialectic relationship between these two legal values defines the procedural balance within the actions based on legality. Under the influence of the courts as well as the legislator ,the recent times have witnessed a tendancy to re-examine this balance in favour of stability, which raises questions on the orientations of the actions aiming to restore legality and, in a broader view, on the place and the means of the judicial review of public decisions under the rule of law. The attention to the stability of legal situations lead to a step back from the generous appreciation of locus standi in actions for annulment, as well as a greater care to the course of time in regards to admissibility of claims. It also shaped the judge's duties and powers, the latters having considerably developped in order to offer the optimal balance between the opposite aims they mean to achieve. Altering the way the legal actions are looked upon and the general function vested to the judge, the requirement of stability contributes to major evolutions of the administrative justice
Corneloup, Sabine. "La publicité des situations juridiques en droit interne et en droit international privé : comparaisons franco-allemandes." Paris 1, 2000. http://www.theses.fr/2000PA010267.
Full textCorneloup, Sabine. "La publicité des situations juridiques : une approche franco-allemande du droit interne et du droit international privé /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb38948261j.
Full textSourbes, Boris. "La situation juridique du télétravailleur." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0942.
Full textTelework has been introduced in the Labor Code by the Law N° 2012-387 dated march 22d 2012. By law, the teleworker is considered a full-fledged employee holding an employment contract by which he is subordinate to his employer. Yet, thanks to the use of information and communication technologies he performs his labour outside of the company’s premises. It follows that, even though distance working will afford the teleworker a certain degree of independence and “autonomy within his subordination”, he remains nevertheless placed within the state of subordination characteristic of an employment contract. The teleworker’s peculiar situation therefore disrupts the traditional balance of individual and collective rights afforded to employees. Analysing the legal status of the teleworker will involve “focusing” our attention on the person placed within a telework environment to figure out how this singular situation can place him/her both within the employment relationship, which implies enjoying the rights of traditional employees, while still pinpointing elements that are specific to his situation
Not, Gilles. "La situation juridique du survivant du couple." Paris 10, 1993. http://www.theses.fr/1993PA100146.
Full textWhether married or not, surviving members of couples today seem to be in an anachronistic legal situation. Inheritance law either makes them subsidiary heirs or excludes them. No form of antenuptial settlement associates them with conjugal interests in accordance with their dependence. Although the economic autonomy of couples is becoming more firmly established, survivors may be considered fit to maintain the unity of their household after the death of their companion, but more in accordance with the interests of household unity than in return for their dependence relative to conjugal interests. Moreover, our system of social protection has organized the protection of survivors essentially in relation to rights acquired by the deceased. The only way to transform the legal situation of surviving members of couples would be to question hereditary principles and patriarchal conventions, comparing the needs and abilities of survivors and other heirs and integrating such criteria into the inheritance process. The situation of survivors certainly never excludes the granting of special favours. However, if such favours are open to ordinary law and elude distrustful moral supervision, they nevertheless remain an expression of an arbitrary conjugal magistrature
Tabet, Habib. "La situation juridique des bénéficiaires de la fondation /." Lausanne : Bis et Ter, 2006. http://aleph.unisg.ch/hsgscan/hm00154104.pdf.
Full textSingault, Ndinga Steve. "La situation juridique des ressortissants d'Afrique subsaharienne en France." Paris 11, 2007. http://www.theses.fr/2007PA111002.
Full textBeaucamp, Joëlle. "La situation juridique de la femme à l'époque protobyzantine." Paris 1, 1987. http://www.theses.fr/1987PA010634.
Full textLafforgue, Laurence. "La situation juridique du destinataire d'un acte administratif unilatéral." Toulouse 1, 2007. http://www.theses.fr/2007TOU10036.
Full textThis relationship between the subject and State is fundamentally the idea of the state included in the Constitution (the idea of freedom). The personal consent to the idea of State is that everybody sees itself as a member of a group that is engaged in a collective enterprise. In this situation, the bid to acts of administration authorities is not perceived as a constraint but as a pure respect for the discipline required in the absence of which the realization of the vision would be jeopardized. The second part of this work seeks to understand the situation securing the addressee as such, that is, in its empirical reality. As the last show, and this is the end of the concentric progression of the analysis, the recipient is invited to take part in the preparation of acts which it is subject
Beaucamp, Joëlle. "La Situation juridique de la femme à l'époque protobyzantine." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb376027223.
Full textFaraj, Jean. "La situation juridique de l'Église grecque melkite catholique au Canada." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7602.
Full textHuynh, Thuy Phan Trang. "Situation juridique de la filiale vietnamienne d'une société mère française." Toulouse 1, 2010. http://www.theses.fr/2010TOU10009.
Full textWith the development of groups of companies around the world, the installation of foreign affiliates seems obvious, sometimes unavoidable. This topic is particularly relevant to Vietnam, which stands today as one of the most attractive places to invest in the world. As a company, the subsidiary is, above all, a legal personality independent of the parent company, complying with Vietnamese law. However, the group requires contributions of the subsidiary as a member of the group. Therefore, the sacrosanct principle of autonomy of subsidiary and the parent company, even if these close relationships affect the principle of autonomy of legal persons. Faced with this reality, Vietnamese law and French law have recognized the existence of the relationship between the subsidiary and the parent company and seek to define them in persevering the legal autonomy of the subsidiary. Through numerous legal reforms, Vietnam attracts investors with a familiar business environment in accordance with international standards. The workforce represents a relatively low cost and has a growing propensity for consumption. With a guaranteed investment environment, political stability, a legal system in constant improvement, and an industrious and disciplined work force, Vietnam is currently one of the key markets to attract foreign investors
Basile, Antoine. "Structures et stratégies juridiques de l'entreprise multinationale" : situation présente et perspectives d'évolution." Paris 2, 1986. http://www.theses.fr/1986PA020040.
Full textThe "multinational enterprise" appears as a complex network of entities connected by equity and non-equity links which often are informal. Its unity is ensured by one center of decision; and the examination of its relations with states or private persons can give indication on its taking into account by national legal systems as well as on its subjection to some jurisdiction. Selecting various locations, it resorts to specific institutions which enable practices for the avoidance of restricting regulations. These are still basically national and very rarely include ad hoc legislation. Not only the establishment of the indicted fact and its qualification are hazardous, but the adopted measures often lead to paradoxical situations. The generally admitted solutions remain depending on the conception by states of their own interests. So, we are now heading towards an evaluation of objective prerequisites for international cooperation, which would permit the subjection of the "multinational enterprise" to regulation having universalist perspective. Regarding this subject antagonisms are numerous and are related to the scope of a casual code as well as to the facultative or compulsory character of the prescriptions of the latter. Nevertheless its is obvious that the enforcement of such code implies the enactment of a uniform law which would permit the linking of the "multinational enterprise" to the international community, as well as the setting up of an international body with a supranational character allowing an actual control. The conclusion of an agreement in this respect is not an easy matter for two reasons. First, the "multinational enterprise" has not a sufficiently-homogeneous character so that precise regulatory measures could be adopted by the states. Second, national legal systems are not affected only by juridical considerations but derive from various economical, political and social considerations
Bellina, Séverine. "Droit public et institutionnalisation en situation de pluralisme normatif : le cas de l'Etat malien." Grenoble 2, 2001. http://www.theses.fr/2001GRE21022.
Full textBozkaya, Ali. "La situation juridique d’une entité étatique non-reconnue dans l’ordre international." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100035/document.
Full textAn entity that fulfils classical criteria for statehood, in constituting a stable and independant governmental authority having an effectif control on a certain population in a certain territory is a State in terms of international law, notwithstanding its recognition by other States or other international law subjects. A discretionary non-recognition adopted by certains States towards such an entity means atmost a refusal to enter in diplomatical or other relations with this unrecognised entity. On the other hand, a non-recognition imposed by general international law or by a mandatory resolution of an international organisation signifies not only a refusal to enter in optional relations with the unrecognised entity but also a denial of its state status.The study of the legal situation of unrecognised entities shows that international law does not consider these entities as a land without law that can produce no act or relation in international order. On the contrary, the States take notice of the existance of unrecognised entities and establish relations with them in the framework of general international law or the resolutions of United Nations organs. Non-recognition represents only an unfriendly position adopted by non-recognising States towards the unrecognised entity for political reasons or as a response to an international law violation
Birnbaum, Juliette. "La condition juridique des personnes en situation de subordination au regard des libertés." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30030.
Full textLiberties belong to citizens and do not necessarily benefit those submitted to the obligation of obeying a hierarchical superior. The study of contentious law cases shows that the holder of authority can act upon his subordinates' situation without having to respect the limits encountered by the holders of legislative and executive powers. The rule making power is allowed to go against liberties without running up against the rules which settle the work of the legislative and executive authorities. Moreover, it is exempt of the respect of the dispositions which protect the rights and liberties of citizens. Finally, the restrictions on liberties imposed by the hierarchical superior are not subject to a control of the necessity. It turns out nevertheless that an explicit acknowledgement of liberties benefiting a category of individuals in a situation of subordination can lead the judge to find a way of conciliating the obligation to obey and the respect of liberties
Jiang, Jiangyuan. "Essai sur la notion de situation juridique et son extension en droit administratif français." Toulouse 1, 1992. http://www.theses.fr/1992TOU10015.
Full textTo comprehend law in its reality both conceptual and historical the notion of juridical situation is logyically indispensable. The analytics of the juridical situation turns it into an existential modality of human liberty. In the juris-dictio of the third is formally realized the synthesis of theorical reason and practical reason, truth and good. Dialectics has recourse to the ethico-political instituion so as to transcend the discrepancy betwwen empirical justice and conceptual justice (per se or divine). State totalisation of justice creates the monumental third (p. Legendre) for civil society. The juridical is thus determined by politics in the form of positive law. Public law as a rational means of bringing together positive state and its essence participates in the historical creation of the juridical situation, with its institutional norms and its civitatis-dictio (what the state says). French administrative law as the sign of the emergence of state totality henceforward reveals itself for the critical mind
Badran, Sahar. "Aspects Ethiques et Juridiques de la prise en charge des Personnes en Situation de Handicap en Odontostomatologie." Paris 8, 2011. http://octaviana.fr/document/165713577#?c=0&m=0&s=0&cv=0.
Full textCareing of persons in situation of handicap is a priority of public health since a certain number of years. A collective awareness begun through the societies history showing an evolution of the concept of the handicaped person. Indeed, from the vision centred on the medical deficiency, the society preferred the intégrative vision insisting on the residual capacities of these persons in situation of handicap. This evolution is also reflected in the terminology and in the classifications which are tools of study, evaluation and research for the specific needs in this domain. This work tends to highlight the long work of ethical reflections on the subject which actually inspired numerous legal texts in such a degree, that it remains difficult to distinguish clearly the border between both particularly in health matter. We shall see through this study the difficulties of application of these texts. More specifically, in the field of the odontostomatology, who remains the poor relation of the global medical care of the person in situation of handicap. Thus progresses have to be realized as well on the medical plan that on the legal plan for the futur considering the variety of the situations of handicap which we can meet
Kohler-Vaudaux, Maryam. "Le début de la personnalité juridique et la situation juridique de l'enfant à naître : etude de droit suisse, et aperçu des droits français et allemand /." Genève [u.a.] : Schulthess, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/539048283.pdf.
Full textBuranapraphanont, Verasit. "Les aspects juridiques de la gestion de la dette publique en Thaïlande." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1015/document.
Full textThe government, as the administration, is responsible for public services, public affairs and administrative missions. It is, therefore, necessary to spend a great number of money consecutively. The main income of the government earned by the tax collection is not enough for its missions and the other necessary things. That’s why it had to loan more and more money from the domestic and international financial institutions. In Thailand, money has been loaned since the reign of King Rama V. After the Siamese Revolution of 1932, Thailand has incurred more public debt from the international financial institutions and foreign governments for country’s development. Public debt of Thailand and different countries has enormously increased while the notion of public debt management has also developed and the special acts on public debt management have been issued in many countries, because of the necessity of incurring public debt of several countries as well as economic crisis happened around the world. In Thailand, the Public Debt Management Act B.E. 2548 (2005) is considered as the principal law authorizing the government to incur and manage public debt in various ways for adapting to changing circumstances such as public debt incurred for social and economic development, for debt restructuring and financial transaction used for reducing the risk on public debt, etc
Assef, Zahin Ibrahimzada Mohammad. "La Formation de l'union conjugale et la situation juridique de la femme en droit iranien comparé." Lille : A.N.R.T, 1985. http://catalogue.bnf.fr/ark:/12148/cb36105226t.
Full textWacongne, Mathilde. "La personne agee et le droit : Contribution a l'etude de la situation juridique de la personne agee." Lille 2, 1996. http://www.theses.fr/1996LIL20017.
Full textThe thesis wants to shaw the coming out of a cohesion of rights peculiar to the old people. The wrighter inirstigate the. Wil et social right to discover and study the rights who depend on the age of the person. When the olc people conclude an agreement with someone, special law or special jurisprudence applie. Special rules are stipulated in some contrait to protact the old party. The rights of the old waker, specially when the contrast is broken are studied. Social rights are studied - the rights of the people who are retired are studied and social security of old people is studied
Nazemi, Mehrdad. "La mer Caspienne et le droit international : contribution à l'étude de sa situation juridique au carrefour des frontières." Paris 1, 2001. http://www.theses.fr/2001PA010306.
Full textBautista, Hernáez Andrés. "Les catastrophes dans le domaine du Droit international et son régime juridique." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100167.
Full textDisasters’ significance is an aspect that can hardly be discussed. This is largely due to its harmful consequences for people, property or the environment. Accordingly, examples such as those of Chernobyl, Hurricane Katrina, the earthquake in Haiti in 2010 or the tsunami and subsequent accident at the Fukushima I nuclear power plant in 2011, demonstrate the importance and relevance of this problem.The disasters shall be considered as a transversal topic that affects basic issues of International Law such as the formulation of international standards or its core functions, among others. In addition, in recent years the doctrinal debate regarding the regulation of disasters by International Law has been increasing. Academic papers highlight the fragmentation and limitation of such international legal regulation. Therefore, it is necessary a general study of these events that allows a holistic regulation, in which the different types and assumptions could have a place. This work aims to determine the response offered by International Law in the event of disasters. For that, an analysis of the existing normative and institutional practice has been established to give answer to some of the questions around these events such as its definition, what are the existing norms as well as its effectiveness. Along with the normative analysis, institutional developments are studied focused on the United Nations and the European Union
La importancia de las catástrofes es un extremo que difícilmente puede discutirse. Ello debido en gran medida a sus consecuencias perjudiciales para las personas, los bienes o el medioambiente. De este modo, ejemplos como los de Chernóbil, el huracán Katrina, el terremoto de Haití de 2010 o el maremoto y posterior accidente en la central nuclear de Fukushima I en 2011, demuestran la trascendencia y actualidad de este problema. Las catástrofes se sitúan como una situación transversal que afecta a cuestiones básicas del Derecho Internacional tales como la formulación de normas internacionales o las funciones de este sector, entre otras. Además, en los últimos años el debate doctrinal respecto de la regulación de las catástrofes por el Derecho Internacional ha ido en aumento. En éste se destaca la fragmentación y limitación de dicha regulación jurídico-internacional. Por ello, resulta necesario un estudio general de estos eventos que permita una reglamentación holística, en la que tengan cabida los distintos tipos y supuestos. El objetivo de este trabajo es determinar la respuesta ofrecida por el Derecho Internacional ante situaciones de catástrofe. Para ello se ha establecido un análisis de la práctica normativa e institucional existente. Este trabajo trata de dar respuesta a algunos de los interrogantes en torno a las catástrofes tales como su definición, qué normas existen en la materia, así como su efectividad. Junto con el análisis normativo se estudian los desarrollos institucionales en la materia centrada en Naciones Unidas (en el ámbito universal) y en la Unión Europea (en el regional)
Khoury, Marie-Leila. "Profession pharmaceutique au Liban : historique, situation actuelle, problèmes de santé publique." Paris 5, 1995. http://www.theses.fr/1995PA05P209.
Full textBigirimana, Fructuose. "Violences et protection juridique des personnes dans les situations de violence : Cas des pays de la région des grands lacs africains." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30036.
Full textThe armed conflicts are no longer, what they used to be. It is usually stated that armed conflicts have disappeared and have been replaced by other new forms of violence involving multiplicity of actors, multiplicity of motives and overlapping strategies and tactics. In fact, the classical international law makes a clear distinction between the peaceful and armed conflicts situations. The human rights law was conceived to deal with peaceful situations while humanitarian law deals with times of war. The inadequate monitoring organs of the international human rights law which comprises derogatory clauses supplemented by individual liability criminal mechanisms not effective is the gape.However, between these two situations, there is others situations of violence upon which the existing legal system is not adapted or at least, is not effective to protect the rights of internal violence victims.This thesis intends to point out the regulation if violence by means of law in order to guarantee a permanent doorway for the protection of humanity. From less intensive violence to more intensive violence, this study gives due consideration to both situations of violence and through a normative and pragmatic approach, it gives an insight into the desirable law and appropriate mechanisms which can regulate the « grey » matter resulting from violence. Basing on the variety of charges of violence committed in the Great Lakes Region, this research work shows that these types of violence are not subject to a fundamental indefinite law. The humanitarian law is relayed, replaced or supplanted by new mechanisms regulating the situations of violence
Polyviou, Evanthia. "Les juifs dans les le monde romain oriental : leur situation politique et juridique ( 164 avant J-C- 235 J.C)." Paris 4, 2008. http://www.theses.fr/2008PA040208.
Full textThe politicals and civic rights of the Jews in the roman eastern Provinces constitute the subject of this thesis, which is divided in three major parts : the first and second parts study the internal history of Judaea, both during the periods of its autonomy and the periode of roman annexation as the province of Judaea. The third one deals with the Jews Diaspora in the roman eastern provinces and the political and civic rights of the Jews living among Greeks and Romans as members of organised communities enjoying internal autonomy. After a survey of available evidence and some general remarks, we focus on the Jewish community of Alexandria, being the best attested as well as the most influential Jewish community of Roman Near East. As regards the different stage of Roman-Jewish relations under the republic and early Principate, as well as the religious and political rights of de Jews confirmed by Cesar and, after him, by Augustus, these are studied mainly on the light of evidence provided by literary sources, particularly the Jewish Writers, Philo and Josephus, while it is emphasised the development of Judaea from a vassal kingdom, at the end of the I st century B. C. , to a province of procuratorial, praetorian and finally consular status ; a development occurred in close relation with Rome's Eastern policy throughout the first two centuries of Roman direct rule in near east. The two Jewish wars, as well as the Jewish revolt in the time of Trajan, are also briefly examined in an effort to illuminate their causes and consequences
Bello, Ahmed. "Étude comparative des libertés collectives des travailleurs : essai de rapprochement à partir de la situation juridique des travailleurs français et béninois." Thesis, Cergy-Pontoise, 2010. http://www.theses.fr/2010CERG0493/document.
Full textTo ensure a balance, between the different parts of the work contract, has always been the aim of the employment law creation. The implementation of the rules of employment law certainly has got a particular purpose. It is constituted by the wish to get the worker emancipated in the business space. It is certainly in the same purpose that, in order to enable individual liberties not to remain in the edge of the enterprise, those collective expressions rights were given to workers: the liberty of trade unions, the right to strike and the principle of participation. We will have to study the fundamental nature of those rights in a way which would be totally free of any national legal system, in regard of the universal character there have. However, we still have to start from two internal orders to reach a non-superficial reflexion. Then, why shall we not focus on the “human right country” and the “Latin district of Africa” to understand in which extent fundamental human rights regarding employment are respected everywhere. Does the “mimicry legal” issue generate difficulties in Africa workers' collective liberties and freedom field and more specifically in Benin? What about fundamental human rights regarding employment in ex Dahomey? That comparative study on worker's collective liberties will make an attempt to answer
Tine, Martin Pascal Famara. "La situation juridique de l'individu dans le contentieux international : analyse d'un mode de traitement du sujet interne par le droit international." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10070.
Full textWhatever the point of view or dimension adopted, international disputes considered « classic » do not leave a dominant place to subjects of local law. The rule of exclusion of individual applications is categorically stated in Article 34 §.1 of the I.C.J. Statute: « Only states may be parties in cases before the Court ». This reality, in the past justified by a quasi-exclusive role of the State in international justice (a consequence of the principle of the unity of the State and a State-centered classical vision of international law) left a priori little space on the international scene to the subjects of local law. However, this exclusion of the individual from international disputes does not at all mean that conflicts settled by international courtrooms never concern them. On the contrary, in many cases individuals appear indirectly, either because the damage caused to them sets a pretext for the State, or because at other times the State is answerable for their harmful actions. This study is devoted primarily to the analysis of a case study of the treatment of internal subjects by international law. It attempts to rethink the place of the individual from the viewpoint of jus gentium, by remaining sensitive to and concerned with the needs for protection and empowerment of the human person
Asavei, Lavinia. "La protection juridique des migrants en situation irrégulière comme processus politique : une négociation discursive constante entre politisation par l’humanitaire et dépolitisation par l’État." Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30294.
Full textFrançois-Duton, Audrey. "Le traitement de la situation de handicap, moteur de transformation du droit public." Thesis, Montpellier, 2020. http://www.theses.fr/2020MONTD008.
Full textSince the beginning of the 19th Century, the treatment of those with disabilities has truly entered the public sphere. In the space of a few years it has become a fixture in the media and an unavoidable topic for political and legal debates. Law n°2005-102 which came into effect on 11th February 2005, established equal rights and opportunities for people with disabilities and redefined the framework for public action. For this, the legal system has made use of some innovative initiatives. The new objective of the legal system is the creation of an inclusive society and the basis of this transformation is an approach centred on the principles of compensation and accessibility. This renewal is not the only factor transforming the Law. To justify this change, the principle of equality must mutate and rejuvenate. The legal axioms (or foundations) that are the principles of dignity and fraternity, find a privileged space in which to extend - confidentially - their implementation
Campiche, Marie-Pierre. "Le traitement des réfugiés en situation irrégulière en Suisse : l'application dans l'ordre juridique suisse de l'article 31 de la Convention de 1951 relative au statut des réfugiés /." Zürich : Schulthess, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/272212210.pdf.
Full textNemar, Khadidja. "Le cadre juridique des opérations militaires de stabilisation et de reconstruction : vers un code de conduite des opérations militaires en situation postconflictuelle fondé sur les droits de l’homme ?" Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0690/document.
Full textMore than twenty-six years after the United Nations' released the "Agenda for peace", stabilisation and reconstruction efforts in Afghanistan and Iraq have been marked by a greater involvement of armed forces in peace enforcement and peace building operations. From the conduct of hostilities to law enforcement operations to stabilise the country, to the provision of assistance and development to the population as well as State reconstruction, the role of the military became central. In situations where the sovereign state is undergoing a transformation and a reconstruction of its institutions, the intervening forces assume a dual role of “belligerent” in the face of insurrections challenging the legitimacy of the new political order established by the interventions on one hand, and of “sovereign” role taking over the host States' responsibilities in both its security and welfare functions. Based on a study of “post-conflict stabilisation and reconstruction” doctrines as interpreted and implemented by the armies of the United States of America, the United Kingdom and France in Afghanistan and Iraq, this thesis aims to define the challenges to international law created by this dual role of the military in transitional situations between war and peace. Faced with the operational and legal uncertainty characterising these operations, this thesis proposes a human-rights based legal framework to regulate armed forces activities, using human rights law as a lex favorabilis. On the basis of this proposal, guidelines are drawn to translate into operational rules the legal obligations arising from the application of human rights
Lollia, Fabrice. "Aide à la décision en situation de crise. Les nouvelles technologies pour la prévention sécuritaire des entreprises : limites et opportunités." Thesis, Paris Est, 2019. http://www.theses.fr/2019PESC0031.
Full textThe current security context shows difficulties for the company in the protection of these employees (expatriates, business travelers). Previously known risks such as kidnapping against perdition are developing and experiencing new human forms that material and immaterial. Indeed, the kidnapping that is human, material or immaterial knows many forms of appearance and adapts according to The esperancy is followed against it in terms of responsibility. It is therefore only an omnipresent risk of which only one proactive attitude could be to reduce the risk. After studying, the kidnapping against deployment and its theoretical contributions. We were analyzed using part of the reading grid of the situational semiotics of Alex Mucchielli. Throughout this page in search action used method on main-exploration exploration with a situation Method that is most suitable for studying the field of security. We then created a digital solution Application of prevention for expatriates and corporate travelers (APSEV) to give a concrete and operational meaning to our work. This solution has been tested and validated as a protection mission at the Embassy of France in Afghanistan. But beyond its creation we explored its impact in the embassy in terms of human interaction. Accepted by some who feel protected and denied by others who feel guarded. This new security technology is disturbing because of its geolocation activity, whose meaning varies from one individual to another. The security problem of kidnapping against ransom can only be solved by the creation of a suitable geolocalisation digital solution without taking into account the effects on human interactions that will make it suitable for use
Schmid, Wolfgang. "Les Déclarations des droits de l'homme et du citoyen entre 1789 et 1793 et leurs stratégies d'exclusions : la situation politico-juridique des femmes et des esclaves pendant la Révolution française /." [Wien] : [s.l.], 1999. http://catalogue.bnf.fr/ark:/12148/cb37652925q.
Full textBen, Romdhane Hakim. "Impact du champ social et juridique sur les interrogations identitaires : une étude clinique interculturelle sur la situation psychologique des femmes de culture et d'origine arabo-musulmane en France et en Tunisie." Thesis, Paris 8, 2015. http://www.theses.fr/2015PA080056/document.
Full textMy research tends to study the impact of the implications of social norms and the legislative imperatives on the construction of the identity questions among women of Arab-Muslim culture in France and Tunisia. In fact, I wonder in this thesis research about the possible psychological implications of socio-cultural splitting in the construction of the identity. I also want to know whether the building of identity among women of arab-muslim culture is marked by certain referential confusion or it’s attributed to a synthetically elaboration of two clashing social statuses.Under the intercultural hold, the contemporary cultural identities are marked by permanent remnants. Every culture is again an intercultural organization. Thus, I’ve put forward the hypothesis stating that against the intercultural hold, every cultural identity is fashioned by the influence of the contact of cultures and the normative interferences to be multiple and be transformed into “an intercultural identity. In the case of women, it seems that social category is doubly attained by the effect of the ampleness of socio-cultural splitting and the intercultural hold on both the identity and the image of their bodies.Methodologically speaking, the adoption of a multidisciplinary procedure centered on a clinical approach led me on the one hand to focus on the multiple means of investigation, and on the other hand to seek other tools properly related to clinical practice. The confrontation of clinical analyses and the numerical results target revealing deep psychological lying itself to a response to the problematic. An analysis of the individual psychodynamic organization could offer clinical teachings focusing on psychological features of group members. In fact, the adoption of a clinical approach targets the identification of psychodynamic properties of members belonging to a study group. Finally, this work of research has the ambition to subscribe this project in the development of an intercultural clinical psychology
Kobanda, Ngbenza Dieudonné. "Le parcours de vie des enfant isolés étrangers en France : contextes et situations." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAG041/document.
Full textSince the end of the 1990’s, we more and more attend to the arrival in huge numbers of foreign children on the French and European territory. They come from all continents and no one detains on them parental authority. An unprecedent phenomenon in the European immigration history which whips up tensions between authorities and defence associations of children’s rights.The status of these isolated minors on the national territory remains fuzzy and their integration is like more of what is qualified as an « obstacle course » by the associations. Relatively protected by their minority, they can’t ensure positively to carry on with neither an appropriate school project, nor a reliable professional insertion if their administrative situation hasn’t been regularised before they turn age 18. By following the institutional path of about ten youths for nearly 5 years, this thesis analyses the profile of young migrants, assets and pitfalls taken care in a society in legislative, institutional and societal transition.The study reconstructs, questions and analyses path’s stakes and life construction for minors on one hand, support challenges of this population for social actors and institutionals on the other hand. In short, this thesis interrogates and analyses too Belgian practices relating to receiving and caring for these children, thus enabling a comparison with answers brought by both countries to the situation of this public
Girard, Anne-Laure. "La formation historique de la théorie de l'acte administratif unilatéral." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020074.
Full textAt the begining of the 1880’s, the theory of the « Minister-Judge » continues to maintain the partition of the unilateral administrative acts. The methodology of the Doctrine then in use, contributes to scatter the Administration’s decisions and feeds the fragmentation of the rules. It will take about fifty years to overcome this divesity and to forge a general conception of the unilateral administrative act governed by a unified legal system. In order to picture the elaborating process of the unilateral adminstrative act, the Doctrine and the Judge jointly draw in the subjective conceptual collection. Starting from the end of the 19th century onwards, the logical essence of the unilateral administrative act has been revealed by the traditionnal and proven tools of legal science, ie the Will and the Legal Body. However, the emergence of a unified conception of the Act is not the outcome of a servile use of the materials supplied by the classical legal science. While this tool set has been elaborated for a free subject, acting - in most cases - for its own behalf, the administrativists think over the legal activities of men, acting on behalf of collective bodies, without personal will. The specifics of the unilateral administrative act, then require a significant adaptation work. Innovation succeeds tradition in the conceptualisation of the result of the decision process. Contrary to the Judge, the Doctrine, through objectivism development, pushes back the heritage of the civilists and imagines the effect of the unilateral administrative act through an innovative concept : the legal situation. The Doctrine’s ambition to contain subjectivism also leads to the break up with the german theorists of public law who were the first inspiring masters. The theory of heterolimitation of the State, which replaces the doctrine of self limitation, influences over the conception of the authority of unilateral administrative acts
Lemettre, Aurélie. "L'organisation des instances de représentation du personnel : essai sur un cadre évolutif." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020034.
Full textIf the legislator gives active consideration to the organization of the employee representation bodies, sometimes to their disappearance, he hardly considers their evolution. Restructuring operations are one of its main factors. They often have effect on the organization of the employee representation bodies, at least by causing a change of their organizational framework. The legislator has hardly considered it, leaving to the social partners, by agreement, and to the judge, throughout its judgments, the task of providing answers to the occurred questions. If this way of solving the questions coming from the evolution of the employee representation bodies is not devoid of merits, it also has disadvantages, particularly in the area, always sensitive, of legal certainty. It is arguable to call for a legislative intervention. It could, moreover, be an opportunity to rethink the employee representation law in order to refine its lines and to simplify its architecture. The stackings of bodies are not necessarily helpful to the defense of the interests of employees… and can overly complicate the management of company and of group
Roccasalva-Serrano, Aude. "La qualité de travailleur handicapé : contribution à l'étude de l'accès à l'emploi des personnes en situation de handicap." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0028.
Full textThe legislator has put in place a specific administrative procedure to recognize the work capacity of persons with disabilities : the RQTH. The 2005 legislature has radically revised the RQTH procedure, which provides a central place for people with disabilities. While one can only welcome the establishment of such a procedure, it is still largely perfectible, particularly as regards the vagueness of its award criteria or the reconciliation between respect for the adversarial and medical secrecy. The legislator has, moreover, reinforced the justiciability of these decisions by multiplying the modes of challenge. However, the absence of specialized jurisdiction in the matter of disability does not allow to draw harmonious jurisprudence and makes this dispute sometimes illegible, Legal uncertainty. RQTH decisions are accompanied by the vocational guidance of disabled workers into the labor market or the sheltered environment. This decision will have a major impact on their social rights. If the former have the status of employee, the latter will be assimilated to users of a social or medico-social service. While the progress made in the employment of people with disabilities is indisputable, it is possible to question the relevance and effectiveness of the measures implemented. Unemployment figures show their persistent difficulties in terms of employability
Ghaemi, Azadeh. "La médiation entre acteurs politiques, administratifs et sociaux, pour la gestion des demandes d’asile. Une analyse des jeux d’acteurs autour de la situation des demandeurs d’asile afghans en France." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAL037/document.
Full textIn this research, we study the mediation between political, administrative and social actors to manage asylums requests. Then we analyze the actions around the situation of the Afghan asylum seekers in France, via the sociology of translation.The theory of Sociology of translation gives us an explanatory model of action, problems of organization between different actors of a sector in different situations. Based on this theory, our research aims ultimately to see how actors of the networks for asylum seekers find a convergence.In the network of actors through the meaning of the sociology of translation, after demonstrating that there is a mediation, we analyze the nature. Then, our research develops on the networking between the theories of social representations (and intercultural) and a sociological survey that includes questionnaires, interviews and direct and participatory observation to understand communicational issues of actors in the context of asylum in France around reform since 2013 until today. Finally, we analyze the communication challenges of the reform of asylum through the concept of public space, then we call the theory of translation to find a convergence model. With this theoretical framework, we will emphasize the role of the Ministry of the Interior: as mediator or translator within the meaning of the sociology of translation, it took on reform of the law of asylum and made the connection between the actors of the network from 2013
Nicolau, Jean. "Droit international privé du sport : études sur une discipline en construction." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3018.
Full textThrough the examination of the elements of the private international law and their contrast to situations associated with sports practice in general, and to Sports Law in particular, this thesis intends to establish the pillars of the private international law on sport. In this regard, the topics related to the nationality of the athletes, either granted by the State Law or Sports Law, are initially addressed. Subsequently, this thesis aims to identify and to determine the competent authorities and the applicable law to rule over international legal issues related to sport
A partir do exame dos elementos do direito internacional privado e da contraposição dos mesmos a situações associadas à prática esportiva, de modo geral, e ao direito desportivo, em particular, este estudo pretende erigir os pilares do direito internacional privado do esporte. Com efeito, são abordadas, em um primeiro momento, temáticas relacionadas à nacionalidade, estatal e esportiva, dos atletas que integram o movimento esportivo. Na sequência, o objeto da tese repousa sobre a identificação e a determinação tanto das autoridades competentes para a apreciação das situações jurídico-desportivas de dimensão internacional, quanto do direito aplicável a estas últimas
Lachal, Doriane. "La protection internationale des personnes vulnérables déplacées." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111011.
Full textThe international community considers some displaced persons as irregular migrants. This study demonstrates that the departure is undeniably forced concerning three groups of people : the persons fleeing blind violence and the collateral effects of an international or non international armed conflict, the persons fleeing man-made or natural environmental disasters, and the persons fleeing difficult economical or social situations. The classical approach of public international law based on distinct categories does not guarantee effective protection to these persons. As no particular international status is given to these persons, they are in a situation of vulnerability. In which way an effective protection could be a guarantee to these vulnerable displaced persons? Currently, most of the States defend a safe approach, strictly controlling the management of migration flows and applying more or less protective international legal instruments. Complementarity of different legal systems (international refugee law, international humanitarian law, international law of human rights) is therefore necessary and a broad interpretation of existing texts is recommended. To overcome the shortcomings of positive law, the use of the concept of vulnerability, crossing different situations, is invoked, in order to exceed the traditional categorical approach. Not yet recognised as a source of international law, the term “vulnerability” has become an essential notion on the international scene in recent years. It appears occasionally in conventional instruments and is frequently used in soft law. It has been gradually developed through the international and regional jurisprudence and also by the doctrine. The discourse of humanitarian organizations and the media often refers to the notion. The development of the concept of vulnerability in soft law, specifically in the shape of guidelines would ensure a better protection of vulnerable displaced persons. In this regard, guidelines could prevent people fleeing, grant a temporary or a permanent status and provide dignified reception conditions in the host States or regions. This instrument of soft law would be used as a guide for States subsequent to the adoption of protective binding rules. The distinction between vulnerable displaced persons and particularly vulnerable persons has to be taken into account at this stage. Furthermore, the responsibility of the authors who have contributed to the forced displacement or who have committed atrocities against the displaced persons should be brought before the international, regional or national judicial authorities, in order to fight against impunity. Consequently, a fair compensation for the damage suffered must be guaranteed to these persons
Richard, Geneviève. "Les travailleurs migrants occupant un emploi peu ou pas spécialisé au Qatar : évolution de la situation juridique entre 2012 et 2018." Thèse, 2018. http://hdl.handle.net/1866/22845.
Full textViau-Tassé, Mathilde. "Étude ethnographique des stratégies sociojuridiques des professionnelles oeuvrant auprès des femmes en situation de violence domestique à Mumbai." Thèse, 2018. http://hdl.handle.net/1866/21910.
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